Post Reports: “Wait, is weed legal now?”
Published December 22, 2025 | Host: Martine Powers | Guest: David Ovalle

Episode Overview

This episode of Post Reports unpacks the recent move by the U.S. government to reschedule marijuana from a Schedule 1 to a Schedule 3 controlled substance—a major shift after more than 50 years of strict classification. Host Martine Powers leads a conversation with health reporter David Ovalle about what this change really means for cannabis access, research, the Republican Party’s stance, and why this is not the same as federal legalization.

Key Discussion Points & Insights

1. What Rescheduling Marijuana Actually Means

• Schedule 1 vs. Schedule 3 Explained
  • David Ovalle details how drugs are classified under the Controlled Substances Act.
    • Schedule 1: "The riskiest of drugs... a high potential for abuse and there’s no medicinal value" (03:14) – e.g., LSD, heroin, marijuana.
    • Schedule 3: Includes substances “with legitimate medical uses” like ketamine and testosterone.
  • Moving marijuana to Schedule 3 means “it’s just going to be treated a little bit differently. There should be fewer restrictions on the medical research side... the big deal is going to be with the ability for cannabis companies to be able to write off business expenses.” (04:53)
• Not Legalization or Decriminalization
  • Martine and David clarify: This is not federal legalization. Marijuana would remain illegal, just under looser restrictions.

2. Why This Shift, and Why Now?

• Political Dynamics
  • Donald Trump’s executive order aligns with earlier efforts begun by the Biden administration, as David notes:
    • “What Trump is doing is really just following what the Biden administration had already promised to do.” (05:48)
    • Trump frames this as both popular and necessary: “I think I probably have received more phone calls on this... I don’t think I received any calls on the other side of it.” (01:26)
• Contradictions in Republican Policy
  • Despite GOP’s Reagan-era “war on drugs” stance, Trump’s action shows shifting attitudes:
    • “Trump is not someone that cares much for substances... but he realizes it’s a politically popular thing to do, despite pushback and objections from leaders within the Republican Party.” (06:47)

3. GOP Resistance and Public Health Concerns

• Voices of Opposition
  • Some conservatives argue this undermines anti-drug efforts:
    • Rep. Pete Sessions: “It’s completely inconsistent. Why? We’re trying to gun down those who are bringing in marijuana, heroin, and other dangerous drugs... and yet we declassify that...” (08:30)
  • Critics say it could “send a dangerous message to the youth” and profit big marijuana companies, or even organized crime. (08:46)
• Broader Concern About Potency and Regulation
  • The anxiety is bipartisan:
    • “The potency can be much, much more powerful. You have products that have proliferated in such a loosely regulated space... there is some valid concerns... about just how this might be damaging, you know, the youth, people who access to it.” (09:38)
    • David highlights worries over addiction, psychosis in young people, and lack of quality control.

4. Implications for Medical Research

• Barriers May Lower, but Challenges Remain
  • Historically, marijuana research was restricted: “To study marijuana you have to have lots of different permissions from the Drug Enforcement Administration and get marijuana from specific growers that are DEA approved.” (13:49)
  • The schedule change “should make that kind of research a bit easier,” but “there’s so much product already out there... it’s a lot harder to research the things people are actually using” due to variability and loose regulation. (14:30)

5. Business and Consumer Impact

• Tax and Business Operations
  • Cannabis companies may finally get to “write off business expenses... that makes things very, very difficult for cannabis companies at the federal level.” (15:45)
  • The change will allow dispensaries to operate more like other legal businesses, but difficulties in profitability remain because of market fragmentation and competition from illicit sellers.
• Consumer Experience
  • Not much is expected to change directly for buyers, as state law remains the real gatekeeper:
    • “It’s still going to be a controlled substance at the federal level... this is all going to come down to the state.” (17:18)
  • Uncertainty surrounds possible future FDA involvement.

6. The Road Ahead: Timeline & Challenges

• Change Not Final or Immediate
  • There’s a bureaucratic and legal process ahead:
    • “It still has to go through a lot of... bureaucracy and hoops to make sure that it’s final. Plus, there’s also a window for lawsuits to challenge it. So... probably the next several months to a year or more.” (18:18)

Notable Quotes & Memorable Moments

• Martine Powers (on GOP’s changing stance):
  “What you’re hearing here is striking. You’ve got a sitting Republican president speaking so highly of a drug that’s illegal under federal law, despite the fact that historically, Republicans have usually been the ones who are tough on drugs.” (01:39)

• Donald Trump (on popular demand):
  “I think I probably have received more phone calls on this... I don't think I received any calls on the other side of it.” (01:26)

• David Ovalle (on scientific uncertainty):
  “It’s one thing to research marijuana that’s, you know, grown specifically to federal government standards, but... it’s a lot harder to research the things that people are actually using, right? The products... maybe loosely regulated or not regulated at all.” (14:30)

• David Ovalle (on industry impact):
  “This should help cannabis companies be able to sort of work as normal businesses do. So I think that’s going to be sort of where we see it the most and... has the potential to really transform how the industry operates.” (15:45)

• Martine Powers (summarizing the uncertainty):
  "This schedule change, it's not official yet, right? Like, it's still up in the air... What's the timeline for this?" (18:05)

Timestamps: Important Segments

• 00:32: Episode premise & introduction to federal marijuana scheduling
• 01:07: Trump’s rationale for rescheduling marijuana
• 02:48 – 04:41: Explanation of drug scheduling changes and what they do/don’t mean
• 05:25: Background—Biden administration origins and Trump’s move
• 06:47: Trump’s stance and Republican contradictions
• 08:17: Public health opposition & GOP pushback—Rep. Pete Sessions’ quote
• 13:30: Impact of change on medical research
• 15:45: Business operations and tax implications for the cannabis industry
• 17:18: Will this affect consumers? (mostly, not immediately)
• 18:05: Timeline and what’s next

Conclusion

This episode provides essential context on a historic federal policy shift towards marijuana. Rescheduling signals new acceptance of its medical uses and could ease tax burdens for businesses and restrictions for researchers. However, core federal prohibitions remain. The move spotlights evolving political and social dynamics in the U.S.—a story of contradictions, caution, and slow-moving change.

For those tracking marijuana policy, medical research, or America’s culture wars, this episode offers an accessible, clear-sighted guide to what’s happening and why it matters.